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Ch.
(5) §.
Art. 5. In the case where the Defendant both parties is insincerity,
the Judge will or may apportion the as well profit
or less, as well the matter in dispute as the unavoidable
costs of this suit apportion them between or among the parties in
the proportion of their respective fortunes primary possessions in so far
as without preponderant inconvenience they can be ascertained.
Art.
Art. 6. So likewise the subject matter of suit in
so far as the matter of right is doubtful.
Art. 7. Not so, where the matter is clear.
For where a rule to this effect if a rule to this effect established, the consequence would
be the commencement of a system of equalization in regard to
property — a system commencement of which th universal destruction
were it possible such a rule should for any considerable length
of time be pursued be the certain consequence.
A mass of property say becomes vacant: if suppose the rule and
practice such that it was in the whole or in part distributed among claimants in the inverse proportion
to their fortunes on the death of every proprietor, all to whom
indigent persons to whom the [property were known would become claimants
and one after another every mass of property would be divided into particles
by the minuteness of which their value would be annihilated
(a) (in sincerity) as in English practice they say in contempt
the defendant is in contempt.
Identifier: | JB/055/013/001 "JB/" can not be assigned to a declared number type with value 55.
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